Patna High Court
Mohan RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Mohan Rai, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 180 litres of liquor from an open place. He claimed innocence, stating that no incriminating material was found in his possession and that the recovery was from a publicly accessible area. The State opposed bail, while the petitioner’s counsel highlighted his lack of direct involvement and the absence of compliance with Section 103 of the BNSS, 2023. Considering the facts, the period of custody since 13 January 2026, and the petitioner’s two prior criminal antecedents, the Court decided to grant bail. The bail was set at Rs.15,000 with two sureties, subject to conditions including family surety and regular appearance in court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the petitioner’s antecedents.
- Whether the non‑compliance with Section 103 of the BNSS, 2023 affects the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition and excise
- liquor seizure
- criminal procedure
- antecedents
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14839 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Mohan Rai S/o- Late Jaleshwar Rai R/v- Sada Ps- Chapra Muffasil Dist-
Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Chapra
Muffasil PS Case No. 24 of 2026 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 180 liters
liquor was recovered from three plastic sacks.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that recovery is from an open place, which is accessible to one
Patna High Court CR. MISC. No.14839 of 2026(2) dt.27-02-2026
2/2
and all. The petitioner is in custody since 13.01.2026 and has
got two (2) criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Chapra Muffasil PS
Case No. 24 of 2026, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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